Questions have be raised about the 15-day requirement for SSTS inspectors to submit SSTS Compliance Inspection Forms/Reports to the system owner and local government. When does the clock start? Why is it so important? What can happen if you don’t follow through with the reporting?

A few definitions will help explain how the rules have been interpreted by the MPCA and answer these questions.

Compliance inspection - an evaluation, investigation, inspection, or other such process for the purpose of completing a…

Compliance inspection form/report. Depending upon how this document is filled out by the inspector, the compliance inspection form/report becomes either a Certificate of Compliance (COC) or a Notice of Noncompliance (NON). There is one standard compliance inspection form/report for existing systems (see graphic). Compliance inspection form/reports for new or replacements systems will vary by local government.

Certificate of compliance (COC) – a completed compliance inspection form/report, written and signed by a certified inspector after a compliance inspection. It certifies that a system is in compliance with applicable requirements at the time of inspection.

Notice of noncompliance (NON) - a completed compliance inspection form/report, written and signed by a certified inspector after a compliance inspection. It gives notice that a system is not in compliance with applicable requirements at the time of inspection.

When does the clock start?

State rule requires inspectors to file a complete compliance inspection report within 15 days of completing a compliance inspection for any new, replacement, or existing system.

The general expectation is that an inspector will visit an SSTS site, conduct the inspection, complete the compliance inspection form/report including "system status date," and record the compliance determination.

Ideally, all this would take place on the day of the inspection or within a few days. The inspector then has 15 days from the “system status date” entered on the compliance inspection form/report to deliver the completed report to the system owner and local unit of government.

Of course, things don’t always go as planned/expected and on occasion an inspector may arrive for an inspection only to discover that additional field work (such as getting a tank pumped) is required before he or she can positively confirm the system is or is not in compliance.

“The rule of thumb here is that an inspection is complete when all necessary field work has been done and you have all the information you need to make a valid determination of compliance without having to return to the site,” says MPCA SSTS Manager Jim Ziegler. “At that point complete the compliance inspection form and enter the date.” That’s when the 15-day clock starts, Ziegler said.

Ziegler added that waiting for payment is not a valid reason to delay completing and dating the compliance inspection form/report.

Even in cases where inspectors find it necessary to bring in other professionals to help complete necessary field work, it’s important to keep the inspection period for a particular SSTS as short as possible so there is little chance some aspect of the system changes in the meantime.

Why is the 15-day reporting rule so important?

One reason the compliance inspection is so narrowly defined as the act of issuing a COC or NON is that SSTS compliance status is tied to many land use and real property laws, decisions, and policies. As many SSTS inspectors know – when an SSTS inspection is triggered, time is almost always of the essence.

Good decisions are hinged on timely and accurate information. Once an inspection is triggered, it must be completed. Once it is completed, it must be reported. SSTS inspectors play an important role in providing necessary information to property owners, local governments, potential buyers, mortgage underwriters, and countless other members of the public with a vested interest in knowing how well our decentralized wastewater treatment infrastructure is performing. SSTS inspectors cannot unreasonably stretch out inspections or withhold reporting.

What can happen if I don’t follow through with the reporting?

It is an inspector’s obligation to submit inspection reports to the system owner and local government within 15 days of completing an inspection. Failure to do so can result in citations or other more severe enforcement actions. Avoid these consequences by completing inspections within a reasonable time and submitting inspection reports to the owner and local government within 15 days of determining a system’s compliance status.

The MPCA requires that SSTS maintainers follow the Code of Federal Regulation (503’s) and Minnesota Rules 7080 through 7083.  Recently, the MPCA has been requested to offer additional education specifically for maintainers to receive assistance with record keeping.

Based on that request, the MPCA is in the process of developing an education course called the “Minipumper” course. The course will include a Powerpoint slide show, which will contain the Federal 503 rules and an example site to walk through. At this course, MPCA staff will offer hands-on training that will include records walk through. Lastly, there will be time for Q & A.

In the near future, the MPCA will email a Snap survey to all certified maintainers. The survey will be anonymous, so please answer it honestly. The survey will be used to help structure specific items the MPCA will cover at the Minipumper course.

If you do not have an email address for us to send the survey too, please contact Steven Oscarson at 507-206-2604. He can provide instructions on how to access the survey on the internet.  

MPCA staff are hard at work on exhibits for the 2017 Minnesota State Fair Eco Experience. This year the Eco Experience will include an SSTS exhibit. It's still top secret right now, but you won't want to miss it.